My question involves criminal law for the state of: Pennsylvania
My son was at a party comprised of minors where alcohol was being consumed. He was not consuming any alcohol himself but the police officer explained that he was a minor in constructive possession since he had access to the alcohol if he wanted it and he knew it was there (or something to that effect).
The charge is as follows:
Section 6308 of the Pennsylvania Crimes Code (Title 18)
A person commits a summary offense if he/she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any liquor or malt or brewed beverages.
My question is, will this really stand up in court based on constructive possession? I believe that some states have that officially codified into the law, but it appears that Pennsylvania does not. Every cop I’ve talked to says that’s how it is in PA, but they don’t think it’s actually spelled out in the law. Does it matter?
Thank you.

